Question

The UD is a private religious college founded by members of a religion that worships jean shorts. UD is a religious school that instructs religious views. They are hiring a new teacher, and the ad says they will only consider candidates who are practicing members of the religion. Is this legal?

a. Yes
b. No under disparate treatment
c. No under disparate impact
d. No under the first amendment

Answer 1

No, under the First Amendment, a private religious college cannot exclusively consider candidates who are practicing members of their religion when hiring a new teacher. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating based on religion.

Step-by-step explanation:

No, under the First Amendment.

While private religious schools have a certain degree of autonomy in hiring teachers who align with the religious beliefs of the institution, discriminating against candidates based on their religion can potentially violate the First Amendment. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees or applicants based on their religion.

This means that if the religious college in question receives federal funding or engages in interstate commerce, it would be subject to the provisions of Title VII and may be legally required to consider candidates of any religious background.